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The United States asked an Oklahoma federal court on Monday to sanction a group of wind farm developers for breaking promises to keep records related to its suit opened on behalf of Osage Nation alleging that the companies trespassed on the tribe's lands.
Wind farm developers urged an Oklahoma federal court to reconsider its decision to block some of their defenses for their trespass on Osage Nation lands as the court weighs the appropriate remedy, arguing no one ever stepped in to correct their understanding about what permissions were needed.
Thursday, April 15, 2021 AN IMPORTANT NEW OPTION FOR FINANCING AFFORDABLE HOUSING The federal “9%” Housing Tax Credit (HTC) program, designed to finance up to 70% of qualified development costs, has for decades been the principal engine for the financing of low income housing in the United States. HTCs function like grants because the return to investors comes from the credits they take against their federal income tax liability over a ten-year period. Unfortunately, there is a limited supply of 9% HTCs and the allocation process, administered by state housing agencies, is hig...
Saturday, February 27, 2021 In Olson v. United States, 2021 WL 137911 (Fed. Cl. 2021), lessees of trust land on the Yakama Reservation, sued the United States in the Court of Federal Claims under the Tucker Act, contending that the Wapato Irrigation Project (WIP), which provided irrigation water to customers within the reservation, had violated its implicit agreement to provide water for their crops. The Court dismissed on the grounds that the United States, though acting as trustee for the trust beneficiaries, was not a party to the leases: “Each of these documents states tha...
ADVERTISEMENT ADVERTISEMENT Okla. Judge Axes Wind Farm's Damage Defense In Osage Suit Law360 (January 12, 2021, 9:23 PM EST) -- An Oklahoma federal judge on Monday rejected several arguments raised by a group of wind farm developers seeking to escape damages for trespassing on tribal land and for failing to obtain permission for their wind turbine project on Osage Nation land. Osage Minerals Council, which negotiates the tribe's mineral leases, requested in November that U.S. District Judge Gregory K. Frizzell dismiss wind farm developer Osage Wind LLC's estoppel, laches, waiver, unclean ...